New Jersey Section 2C:35-11 – Imitation controlled dangerous substances; distribution, possession, manufacture, etc.; penalties

New Jersey’s Imitation Controlled Dangerous Substances Law: What You Need to Know

New Jersey has some pretty strict laws when it comes to drugs, both real and fake ones. Section 2C:35-11 of New Jersey law deals with “imitation controlled dangerous substances” – basically, fake or lookalike drugs. This law makes it illegal to make, distribute, or possess imitation drugs in New Jersey. But what exactly does the law say, and what are the penalties if you break it? Let’s take a look.

What is an Imitation Controlled Dangerous Substance?

The legal definition basically covers anything that looks like an illegal drug but isn’t actually an illegal drug. The law says an imitation controlled dangerous substance is anything that looks substantially similar to a real controlled dangerous substance, taking into account size, shape, color, markings, packaging, labeling and overall appearance. It can also mean anything that is represented as being a real controlled substance.

So if you have something that looks like cocaine but is really baking soda, that’s an imitation controlled dangerous substance. Or if you sell oregano to someone and say it’s marijuana, you’re representing it as a real drug so that’s illegal too. The law is pretty broad when it comes to what counts as an “imitation.”

Why Did New Jersey Pass This Law?

The government’s reasoning behind laws like this is that imitation drugs can be dangerous, even if they don’t contain actual illegal drugs. The imitations are usually meant to be used in the same way as real drugs, so people buying them think they’re getting the real thing. That can lead to unintended dangerous outcomes, like someone snorting a line of fake cocaine that turns out to be laundry detergent or something equally hazardous.

The distribution of fake drugs also supports illegal drug trafficking. Drug dealers sometimes “cut” real drugs by mixing them with lookalike substances to increase their profits. The existence of imitation drugs helps make that possible.

By banning imitation drugs, the government hopes to crack down on these kinds of dangerous practices. The law is mainly about protecting public health and safety, at least in theory.

What Does the Law Actually Prohibit?

Okay, so now that we know why New Jersey felt the need to pass this law, what does it actually prohibit you from doing? There are a few key offenses:

• Manufacturing/Distributing Imitation Drugs: It’s a third-degree crime to manufacture, distribute, or possess with intent to distribute any imitation controlled substance. Third-degree crimes can lead to 3-5 years in prison and fines up to $35,000.
• Possessing Imitation Drugs: Simply possessing or using an imitation controlled dangerous substance is a disorderly persons offense. This can mean up to 6 months in jail and a fine up to $1,000.
• Fraudulently Representing Non-Drugs as Drugs: You don’t even have to possess a physical imitation substance to break the law. Just fraudulently representing a non-controlled substance as a real illegal drug is a fourth-degree crime. That’s punishable by up to 18 months in prison and a fine up to $10,000.
• Advertising Imitation Drugs: Placing an ad for the distribution of imitation controlled substances or offering them for sale is also prohibited. This is a third-degree crime just like manufacturing and distributing.
• Drug Paraphernalia Laws Also Apply: Any equipment, material or advertisement for imitation controlled substances is also subject to New Jersey’s drug paraphernalia laws. So things like baggies or scales can get you in trouble even if you don’t have real drugs.

Are There Any Defenses?

The main defense to a charge under this law is that the substance in question was not actually an imitation controlled dangerous substance. As a defendant, you’d want to show that the substance did not bear a substantial likeness to any real drug in appearance, packaging, labeling, etc.

You may also argue that you did not intend to manufacture, distribute or possess the substance as an imitation drug. If you legitimately believed it was not an imitation, that could potentially defend against a charge of intent to distribute. But it likely wouldn’t help for a simple possession charge.

Other typical criminal defenses like entrapment, lack of knowledge, or violation of your rights during a search may also apply, depending on the specific circumstances. An experienced New Jersey criminal defense lawyer would be able to advise you on the defenses that might work for your particular case.

How Does This Law Compare to Other States?

New Jersey’s law is actually stricter than some other states when it comes to imitations. In New York, for example, it’s only a misdemeanor to possess imitation controlled substances, compared to NJ where it’s a disorderly persons offense.

But NJ’s law is very similar to other states like California, where virtually identical imitation drug laws are on the books. The language varies a bit, but most states take a hard line on restricting anything that looks like an illegal drug, even if it’s fake.

The bottom line is you don’t want to mess around with imitations anywhere in the U.S., but especially not in New Jersey. The penalties here are harsh compared to some states.

Takeaways

Okay, let’s recap the key points about New Jersey’s law on imitation controlled dangerous substances:

• Covers anything that looks like illegal drugs, even if it’s not actually drugs
• Makes it a felony to manufacture, distribute, or possess with intent to distribute imitations
• Simple possession is a misdemeanor level offense
• Paraphernalia laws also apply to imitations
• Defenses focus on proving it’s not actually an imitation drug
• Penalties are stiff compared to some other states

So don’t make, sell, or carry fake drugs in New Jersey unless you want to risk serious fines and jail time. This law is no joke and the state takes it very seriously as a public health issue. Consult an experienced criminal defense lawyer if you’re dealing with charges related to imitation substances. Stay safe out there!